498a and dv case
Arunava
(Querist) 07 February 2018
This query is : Resolved
Hello Experts ! I am a handicapped (one hand paralysed) man with one hand,had to work very hard in IT sector for my living with my retired father and mother . I got married in March2014(Arrange Marriage) in kolkata and came back to Bangalore after 2 weeks completing all the formalities . My wife is highly qualified and working in private firm . Initially everything went fine but after 2 weeks she started demanding me to arrange her a job which is next to impossible for me , Her parents started interfering in all our family matters . she used to sit all day locked in a room , only come out of her room 4times for food . Somehow I had no choice other than to accept her this behaviour . After a month my parents were visiting my elder sister's place at Hyderabad was she is leaving for abroad . Surprisingly my wife want to join them , so they all went to my sisters place. she behaved the same way there locked in one room , not talking to anyone, always in a phone with her parents. After 7 days I went there and get her back in Bangalore . After coming back she and her family started torturing me in absence of my parents , she asked me to not allow my parents at Bangalore home anymore , cannot keep any contact with any relatives . her parents started abusing me and my family members in phone and threatening me for Dowry case if I don't agree with their terms. Inspire of such torture, I did not agree on their terms , so she left Bangalore and went back to kolkata to her parents in May2014 . After that she and her parents keep calling me to visit them alone and leave my parents.They abused me like anything in phone for more than a year. In sept2015 she came to Bangalore in absence of my parents and created big drama in my society and office and keep forcing me to meet at home alone. She went and call to all our friends and relatives and propagated bad words about us spoiling our image in society. In Sep2015 she put a case for Right to conjugal living but withdrawn in few weeks and finally in Nov2015 she put 498A case against me and my whole family . She used her influence and police submitted the charge sheet against us in court within a month . Me and my parents got the bail from court . In Feb2016 she put a DV and Maintenance case on me giving all sort wrong information and heavy maintenance amount . The case is ongoing in court . She is telling all my relatives and lawyers that she will harass me till my death and snatch all mine and my father's money. she is not even ready to give me divorce. All she want is my harassment and huge money. Is there a way that I can get rid of her and get divorce? Does my sister and brother-in-law also need bail if they come to India?Can I transfer my cases to Bangalore as its very hard for me to attend all the dates which I want to do . Can she take away all my money and my father's property? Please suggest and help me.
J K Agrawal
(Expert) 08 February 2018
Your wife want your money but the courts do not want so.
You want divorce- file a suit.
In no DV- do not afraid of DV case.
If no ground of 498A - do not afraid of
Transfer of case from Kolkata to Bangalore - highly improbable
You have to go to Kolkata - yes in only 498 A case and not in others. Possible to get exemption from personal attendance.
Your sister and bro in law bail - depends upon frame of case of 498A. In other cases no need.
your fathers money - She can not take even a rupee.
Your money - She can get maintenance if she herself not earning AND if you have money.
Do you have money - engage good lawyers.
Having no money - Do not bother about any case.
Arunava
(Querist) 09 February 2018
Thank you Mr Agrawal . She left her belongings like clothes , makeup, sandals, etc in my place . Now she has sent me a list through an NGO including every item in my place including my furnitures , utensils , my dresses , my gift from her side etc . she also claimed the food sent during marriage . I want to return all her left over things and few gifts given by her family during marriage . I tried to contact her many times through the NGO to take back her things but she is not responding . How can I return her things with proof of returning ?
Dr J C Vashista
(Expert) 11 February 2018
NGOs do not have any jurisdiction/authority/ power to interfere, just show them exit door.
If your wife has filed a case u/s 498A IPC and demanded return of dowry articles through police, offer it through police otherwise seek assistance of your lawyer for permission of the Court to return/deposit the articles held with you through mediator/counsellor/court commissioner/local police or any person so authorised.
Seek assistance, guidance and advise of a prudent Kolkata lawyer.
